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Appeal

court, rent, sessions, quarter, purchasers and payable

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APPEAL may be to the House of Lords from any order or judgmpt of His Majesty's Court of Appeal in England, or of either division of the Court of Session in Scotland. The Privy Council entertain appeals from India and the Colonies and dependencies abroad ; also in ecclesiastical matters and from judgments and orders under the Naval Prize Act, 1864. The Court of Appeal Is one of the two permanent divisions of the Supreme Court of Judicature in England. Every appeal must be heard before three judges, except in certain cases, by consent, before two. Appeal from a final judg ment must he brought within three months, and from an interlocutory order within fourteen days. Generally speaking, appeal lies to the Court of Appeal in all cases heard in the High Court of Justice, and under the Workmen's Compensation Act. But there is no appeal from a decision of the Court of Crown Cases Reserved, or from orders made by consent. Although an appeal may lie, the Court may decline to hear it, when against the general principles of the Court to do so, as where judicial discretion has been exercised, or the stake is too small. To Divisional Courts, appeal is chiefly from judgments of County Courts and from Petty or Quarter Sessions. Also from decisions of revising barristers, and proceedings relating to election petitions. Appeals to Quarter Sessions are usually from Petty Sessions or courts of summary jurisdiction. Where a person charged before magistrates, and has not pleaded guilty or admitted the truth of the information or complaint, is adjudged by a conviction or order to be imprisoned without the option of a fine, be shall be entitled to appeal to a Court of general or Quarter Sessions. But there is not this right if the conviction is for failure in payment of money, in finding sureties, entering into recognizances, or giving any security. In London, there is a right of appeal in every case of summary conviction or order, before a metropolitan police magistrate, in which the penalty inflicted is more than £3, or the imprisonment more than one month. No appeal

usually lies from the dismissal of a charge. There is also an appeal to Quarter Sessions in licensing matters. By an Act of 1907, a Court of Criminal Appeal was established for the purpose of hearing appeals in criminal cases. Sec LICENSING.

APPORTIONMENT.—Interest on money lent has always been con sidered as accruing due day by day. Accordingly, if a person to whom interest is payable dies before the clay appointed for payment, his estate is credited with a proportion of the interest, when paid, up to the date of his death. Rents, annuities, dividends, and periodical payments other than interest were, in the absence of express stipulation, not so apportionable. In 1870 it was enacted that such periodical payments, with the exception of annuities granted by insurance companies, should be apportionable in respect of time. The apportioned part becomes payable and recoverable when the whole has become due and payable. In tile case of rent, it must be recovered when due by the successor in title to the deceased, and by him the apportioned part is payable to the executors or other parties legally entitled. It sometimes happens that a property subject to one rent is sold in portions, each portion being subject as against the vendor to only a certain specified proportionate part of the rent. In such cases the purchasers of each portion, and their respecti ve portions, are each severally liable to the owner of the sent, who may proceed against them therefor personally, or by distress. It pis therefore arranged that one of the purchasers shall pay the rent and collect the contributions from the others. In order to protect themselves there are cross covenants between the purchasers for indemnity and cross powers of distress in aid thereof whenever possible ; purchasers of land should avoid such a condition of things, and endeavour to obtain a release fro,m the owner of the rent, so far as relates to other than their respective proportions thereof.

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